Labor-Management Reporting and Disclosure Act; Interpretation of the "Advice" Exemption

Docket ID: LMSO-2011-0002
Agency: Labor Management Standards Office (LMSO)
Parent Agency: Department of Labor (DOL)

The Department of Labor intends to publish a final rule revising its interpretation of section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA). That statutory provision creates an "advice" exemption from reporting requirements that apply to employers and other persons in connection with persuading employees about the right to organize and bargain collectively. The revised interpretation would narrow the scope of the advice exemption.

RIN: 1245-AA03
Impacts and Effects: None
CFR Citation: 29 CFR 405,29 CFR 406
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2016
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 29 U.S.C. 433, 29 U.S.C. 438
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM06/21/201176 FR 36178
NPRM Comment Period Extended07/29/201176 FR 45480
NPRM Comment Period End08/22/2011
NPRM Comment Period Extended End09/21/2011
Final Rule03/24/201681 FR 15923
Final Rule Effective04/25/2016
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Organization: OLMS
Type: Rulemaking

Primary Documents

View All  (6)
Comment Period Closed
Sep 21, 2011 11:59 PM ET
Posted: 08/19/2011
ID: LMSO-2011-0002-1862
Comment Period Closed
Sep 21, 2011 11:59 PM ET
Proposed Rule
Posted: 06/21/2011
ID: LMSO-2011-0002-0001
Comment Period Closed
Aug 22, 2011 11:59 PM ET
Posted: 07/15/2011
ID: LMSO-2011-0002-0040
Comment Period Closed
Aug 22, 2011 11:59 PM ET
Posted: 07/15/2011
ID: LMSO-2011-0002-0039
Comments Not Accepted
Proposed Rule
Posted: 07/29/2011
ID: LMSO-2011-0002-1710

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Andrew R. Davis
Chief, Division of Interpretations and Standards, Office of Labor-Management Standards
202 693-0123
202 693-1340 (Fax)
200 Constitution Avenue NW., Room N-5609, FP Building
Washington, DC 20210
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.